CHAPTER 161. COMPACT FOR EDUCATION
EDUCATION CODE
TITLE 4. COMPACTS
CHAPTER 161. COMPACT FOR EDUCATION
Sec. 161.01. COMPACT ENTERED INTO: TEXT. The Compact for
Education is hereby entered into and enacted into law in the form
substantially as follows:
COMPACT FOR EDUCATION
Article I. Purpose and Policy
Section A. It is the purpose of this compact to:
1. Establish and maintain close cooperation and understanding
among executive, legislative, professional educational and lay
leadership on a nationwide basis at the State and local levels.
2. Provide a forum for the discussion, development,
crystallization and recommendation of public policy alternatives
in the field of education.
3. Provide a clearing house of information on matters relating to
educational problems and how they are being met in different
places throughout the Nation, so that the executive and
legislative branches of State Government and of local communities
may have ready access to the experience and record of the entire
country, and so that both lay and professional groups in the
field of education may have additional avenues for the sharing of
experience and the interchange of ideas in the formation of
public policy in education.
4. Facilitate the improvement of State and local educational
systems so that all of them will be able to meet adequate and
desirable goals in a society which requires continuous
qualitative and quantitative advance in educational
opportunities, methods and facilities.
Section B. It is the policy of this compact to encourage and
promote local and State initiative in the development,
maintenance, improvement and administration of educational
systems and institutions in a manner which will accord with the
needs and advantages of diversity among localities and States.
Section C. The party States recognize that each of them has an
interest in the quality and quantity of education furnished in
each of the other States, as well as in the excellence of its own
educational systems and institutions, because of the highly
mobile character of individuals within the Nation, and because
the products and services contributing to the health, welfare and
economic advancement of each State are supplied in significant
part by persons educated in other States.
Article II. State Defined
As used in this Compact, "State" means a State, territory, or
possession of the United States, the District of Columbia, or the
Commonwealth of Puerto Rico.
Article III. The Commission
Section A. The Education Commission of the States, hereinafter
called "the Commission," is hereby established. The Commission
shall consist of seven members representing each party State. One
of such members shall be the Governor or his designated
representative, and six shall be appointed by and serve at the
pleasure of the Governor, unless the laws of the State otherwise
provide. In addition to any other principles or requirements
which a State may establish for the appointment and service of
its members of the Commission, the guiding principle for the
composition of the membership on the Commission from each party
State shall be that the members representing such State shall, by
virtue of their training, experience, knowledge or affiliations
be in a position collectively to reflect broadly the interests of
the State Government, higher education, the State education
system, local education, lay and professional, public and
non-public educational leadership. Of those appointees, one may
be the head of a State agency or institution, designated by the
Governor, having responsibility for one or more programs of
public education. In addition to the members of the Commission
representing the party States, there may be not to exceed ten
non-voting commissioners selected by the steering committee for
terms of one year. Such commissioners shall represent leading
national organizations of professional educators or persons
concerned with educational administration.
Section B. The members of the Commission shall be entitled to one
vote each on the Commission. No action of the Commission shall be
binding unless taken at a meeting at which a majority of the
total number of votes on the Commission are cast in favor
thereof. Action of the Commission shall be only at a meeting at
which a majority of the commissioners are present. The Commission
shall meet at least once a year. In its bylaws, and subject to
such directions and limitations as may be contained therein, the
Commission may delegate the exercise of any of its powers to the
steering committee or the executive director, except for the
power to approve budgets or requests for appropriations, the
power to make policy recommendations pursuant to Article IV and
adoption of the annual report pursuant to Article III(j).
Section C. The Commission shall have a seal.
Section D. The Commission shall elect annually, from among its
members, a chairman, who shall be a Governor, a vice chairman and
a treasurer. The Commission shall provide for the appointment of
an executive director. Such executive director shall serve at the
pleasure of the Commission, and together with the treasurer and
such other personnel as the Commission may deem appropriate shall
be bonded in such amount as the Commission shall determine. The
executive director shall be secretary.
Section E. Irrespective of the civil service, personnel or other
merit system laws of any of the party States, the executive
director subject to the approval of the steering committee shall
appoint, remove or discharge such personnel as may be necessary
for the performance of the functions of the Commission, and shall
fix the duties and compensation of such personnel. The Commission
in its bylaws shall provide for their personnel policies and
programs of the Commission.
Section F. The Commission may borrow, accept or contract for the
services of personnel from any party jurisdiction, the United
States, or any subdivision or agency of the aforementioned
governments, or from any agency of two or more of the party
jurisdictions or their subdivisions.
Section G. The Commission may accept for any of its purposes and
functions under this compact any and all donations, and grants of
money, equipment, supplies, materials and services, conditional
or otherwise, from any State, the United States, or any other
governmental agency or from any person, firm, association,
foundation, or corporation, and may receive, utilize and dispose
of the same. Any donation or grant accepted by the Commission
pursuant to this paragraph or services borrowed pursuant to
paragraph (f) of this Article shall be reported in the annual
report of the Commission. Such report shall include the nature,
amount and conditions, if any, of the donation, grant, or
services borrowed, and the identity of the donor or lender.
Section H. The Commission may establish and maintain such
facilities as may be necessary for the transacting of its
business. The Commission may acquire, hold, and convey real and
personal property and any interest therein.
Section I. The Commission shall adopt bylaws for the conduct of
its business and shall have the power to amend and rescind these
bylaws. The Commission shall publish its bylaws in convenient
form and shall file a copy thereof and a copy of any amendment
thereto, with the appropriate agency or officer in each of the
party States.
Section J. The Commission annually shall make to the Governor and
legislature of each party State a report covering the activities
of the Commission for the preceding year. The Commission may make
such additional reports as it may deem desirable.
Article IV. Powers
In addition to authority conferred on the Commission by other
provisions of the compact, the Commission shall have authority
to:
1. Collect, correlate, analyze and interpret information and data
concerning educational needs and resources.
2. Encourage and foster research in all aspects of education, but
with special reference to the desirable scope of instruction,
organization, administration, and instructional methods and
standards employed or suitable for employment in public
educational systems.
3. Develop proposals for adequate financing of education as a
whole and at each of its many levels.
4. Conduct or participate in research of the types referred to in
this Article in any instance where the Commission finds that such
research is necessary for the advancement of the purposes and
policies of this compact, utilizing fully the resources of
national associations, regional compact organizations for higher
education, and other agencies and institutions, both public and
private.
5. Formulate suggested policies and plans for the improvement of
public education as a whole, or for any segment thereof, and make
recommendations with respect thereto available to the appropriate
governmental units, agencies and public officials.
6. Do such other things as may be necessary or incidental to the
administration of any of its authority or functions pursuant to
this compact.
Article V. Cooperation With Federal Government
Section A. If the laws of the United States specifically so
provided, or if administrative provision is made therefor within
the Federal Government, the United States may be represented on
the Commission by not to exceed ten representatives. Any such
representative or representatives of the United States shall be
appointed and serve in such manner as may be provided by or
pursuant to Federal law, and may be drawn from any one or more
branches of the Federal Government, but no such representative
shall have a vote on the Commission.
Section B. The Commission may provide information and make
recommendations to any executive or legislative agency or officer
of the Federal Government concerning the common educational
policies of the States, and may advise with any such agencies or
officers concerning any matter of mutual interest.
Article VI. Committees
Section A. To assist in the expeditious conduct of its business
when the full Commission is not meeting, the Commission shall
elect a steering committee of thirty members which, subject to
the provisions of this compact and consistent with the policies
of the Commission, shall be constituted and function as provided
in the bylaws of the Commission. One-third of the voting
membership of the steering committee shall consist of Governors,
and the remainder shall consist of other members of the
Commission. A Federal representative on the Commission may serve
with the steering committee, but without vote. The voting members
of the steering committee shall serve for terms of two years,
except that members elected to the first steering committee of
the Commission shall be elected as follows: fifteen for one year
and fifteen for two years. The chairman, vice chairman, and
treasurer of the Commission shall be members of the steering
committee and, anything in this paragraph to the contrary
notwithstanding, shall serve during their continuance in these
offices. Vacancies in the steering committee shall not affect its
authority to act, but the Commission at its next regularly
ensuing meeting following the occurrence of any vacancy shall
fill it for the unexpired term. No person shall serve more than
two terms as a member of the steering committee; provided that
service for a partial term of one year or less shall not be
counted toward the two-term limitation.
Section B. The Commission may establish advisory and technical
committees composed of State, local, and Federal officials, and
private persons to advise it with respect to any one or more of
its functions. Any advisory or technical committee may, on
request of the States concerned, be established to consider any
matter of special concern to two or more of the party States.
Section C. The Commission may establish such additional
committees as its bylaws may provide.
Article VII. Finance
Section A. The Commission shall advise the Governor or designated
officer or officers of each party State of its budget and
estimated expenditures for such period as may be required by the
laws of that party State. Each of the Commission's budgets of
estimated expenditures shall contain specific recommendations of
the amount or amounts to be appropriated by each of the party
States.
Section B. The total amount of appropriation requests under any
budget shall be apportioned among the party States. In making
such apportionment, the Commission shall devise and employ a
formula which takes equitable account of the populations and per
capita income levels of the party States.
Section C. The Commission shall not pledge the credit of any
party States. The Commission may meet any of its obligations in
whole or in part with funds available to it pursuant to Article
III(g) of this compact, provided that the Commission takes
specific action setting aside such funds prior to incurring an
obligation to be met in whole or in part in such manner. Except
where the Commission makes use of funds available to it pursuant
to Article III(g) thereof, the Commission shall not incur any
obligation prior to the allotment of funds by the party States
adequate to meet the same.
Section D. The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
Commission shall be subject to the audit and accounting
procedures established by its bylaws. However, all receipts and
disbursements of funds handled by the Commission shall be audited
yearly by a qualified public accountant, and the report of the
audit shall be included in and become part of the annual reports
of the Commission.
Section E. The accounts of the Commission shall be open at any
reasonable time for inspection by duly constituted officers of
the party States and by any persons authorized by the Commission.
Section F. Nothing contained herein shall be construed to prevent
Commission compliance with laws relating to audit or inspection
of accounts by or on behalf of any government contributing to the
support of the Commission.
Article VIII. Eligible Parties; Entry into and Withdrawal
Section A. This compact shall have as eligible parties all
States, Territories, and Possessions of the United States, the
District of Columbia, and the Commonwealth of Puerto Rico. In
respect of any such jurisdiction not having a Governor, the term
"Governor," as used in this compact, shall mean the closest
equivalent official of such jurisdiction.
Section B. Any State or other eligible jurisdiction may enter
into this compact and it shall become binding thereon when it has
adopted the same: provided that in order to enter into initial
effect, adoption by at least ten eligible party jurisdictions
shall be required.
Section C. Adoption of the compact may be either by enactment
thereof or by adherence thereto by the Governor; provided that in
the absence of enactment, adherence by the Governor shall be
sufficient to make his State a party only until December 31,
1967. During any period when a State is participating in this
compact through gubernatorial action, the Governor shall appoint
those persons who, in addition to himself, shall serve as the
members of the Commission from his State, and shall provide to
the Commission an equitable share of the financial support of the
Commission from any source available to him.
Section D. Except for a withdrawal effective on December 31,
1967, in accordance with paragraph C of this Article, any party
State may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect
until one year after the Governor of the withdrawing State has
given notice in writing of the withdrawal to the Governors of all
other party States. No withdrawal shall affect any liability
already incurred by or chargeable to a party State prior to the
time of such withdrawal.
Article IX. Construction and Severability
This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be
severable and if any phrase, clause, sentence or provision of
this compact is declared to be contrary to the constitution of
any State or of the United States, or the application thereof to
any Government, agency, person or circumstance is held invalid,
the validity of the remainder of this compact and the
applicability thereof to any Government, agency, person or
circumstance shall not be affected thereby. If this compact shall
be held contrary to the constitution of any State participating
therein, the compact shall remain in full force and effect as to
the State affected as to all severable matters.
Acts 1971, 62nd Leg., p. 3019, ch. 994, Sec. 15, eff. Sept. 1,
1967.
Sec. 161.02. TEXAS REPRESENTATIVES. The Texas membership to the
Educational Commission of the States shall be the governor or his
designated representative and six citizens of the state,
including the state commissioner of education and the state
commissioner of higher education, who shall be appointed and
serve at the pleasure of the governor. These seven members shall
officially represent Texas on the Education Commission of the
States.
Acts 1971, 62nd Leg., p. 3024, ch. 994, Sec. 15, eff. Sept. 1,
1967. Amended by Acts 1989, 71st Leg., ch. 1000, Sec. 1, eff.
Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1087, Sec. 1, eff. Sept.
1, 1989.
Sec. 161.03. NOTICE OF MEETINGS. The governor's office shall
file with the secretary of state for publication in the Texas
Register a notice of the meetings of the Education Commission of
the States.
Acts 1971, 62nd Leg., p. 3024, ch. 994, Sec. 15, eff. Sept. 1,
1967. Amended by Acts 1989, 71st Leg., ch. 1000, Sec. 2, eff.
Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1087, Sec. 1, eff. Sept.
1, 1989.
Sec. 161.04. ANNUAL REPORT. Before October 1 of each year, the
Compact for Education Commissioners for Texas shall prepare and
file with the presiding officer of each house of the legislature
a complete and detailed report relating to the compact describing
the activities of and accounting for all funds received and
disbursed by the commissioners in the preceding fiscal year. The
report must be included as a part of the annual financial report
of the governor's office.
Added by Acts 1989, 71st Leg., ch. 1000, Sec. 2, eff. Sept. 1,
1989; Acts 1989, 71st Leg., ch. 1087, Sec. 1, eff. Sept. 1, 1989.